58
59
AND UNDERLYING CARRIER. THE
END USER UNDERSTANDS AND
AGREES THAT THE UNDERLYING
CARRIER HAS NO LEGAL, EQUITABLE,
OR OTHER LIABILITY OF ANY KIND
TO THE END USER. IN ANY EVENT,
REGARDLESS OF THE FORM OF
THE ACTION, WHETHER FOR
BREACH OF CONTRACT, WARRANTY,
NEGLIGENCE, STRICT LIABILITY
IN TORT OR OTHERWISE, THE
END USER’S EXCLUSIVE REMEDY
FOR CLAIMS ARISING IN ANY
WAY IN CONNECTION WITH THIS
AGREEMENT, FOR ANY CAUSE
WHATSOEVER, INCLUDING BUT
NOT LIMITED TO ANY FAILURE OR
DISRUPTION OF SERVICE PROVIDED
HEREUNDER, IS LIMITED TO PAYMENT
OF DAMAGES IN AN AMOUNT NOT
TO EXCEED THE AMOUNT PAID BY
THE END USER FOR THE SERVICES
DURING THE TWO-MONTH PERIOD
PRECEDING THE DATE THE CLAIM
AROSE.
THE END USER AGREES TO
INDEMNIFY AND HOLD HARMLESS
THE UNDERLYING WIRELESS SERVICE
CARRIER AND ITS OFFICERS,
EMPLOYEES, AND AGENTS AGAINST
ANY AND ALL CLAIMS, INCLUDING
WITHOUT LIMITATION CLAIMS FOR
LIBEL, SLANDER, OR ANY PROPERTY
DAMAGE, PERSONAL INJURY OR
DEATH, ARISING IN ANY WAY,
DIRECTLY OR INDIRECTLY, IN
CONNECTION WITH THIS AGREEMENT
OR THE USE, FAILURE TO USE, OR
INABILITY TO USE ALLY EXCEPT
WHERE THE CLAIMS RESULT FROM
THE UNDERLYING CARRIER’S GROSS
NEGLIGENCE OR WILLFUL
MISCONDUCT. THIS INDEMNITY WILL
SURVIVE THE TERMINATION OF THE
AGREEMENT.
THE END USER HAS NO PROPERTY
RIGHT IN ANY NUMBER ASSIGNED
TO THE DEVICE AND UNDERSTANDS
THAT ANY SUCH NUMBER CAN BE
CHANGED FROM TIME TO TIME.
Содержание ALLY
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